Validity of Eyewitness Testimony

Eyewitness identification are considered to be the most powerful evidence against a suspect. There are numerous reasons for this to occur which includes stress, human memory, and the focus on weapons which leads for the eyewitness to focus less on the perpetrator. When an individual is in a position with high stress, their ability of remembering what actually occurred won't be easy to prove. It leaves the eyewitness unable to recall what occurred at the tie of the scene. This has been a huge problem over the years. According to “Carla Stenzel” eyewitness misidentification will occur because our memory is dynamic. It is very impossible for our brains to perform everything we see. Our memories take in pieces of information and processes the most important information. When a witness is asked by a police officer to give certain details of a suspect, they won't be able to remember how exactly they looked like but will be able to give out certain details like their height, race, and hair color. When a crime is being committed witnesses usually testify that there focus was more on the perpetrator's weapon. All they can focus on would be the size and shape of the weapon and focus less on the actual suspect. Another contribution would be the way the investigator presents the operator to the witness. The investigator prepares a lineup which includes a six pack of people. The use of a six pack lineup has

According to “The Science Behind Eyewitness Identification Reform” there are two main variables that affect eyewitness testimonies “Estimator variables: are those that cannot be controlled by the criminal justice system. They include simple factors like the lighting when the crime took place or the distance from which the witness saw the perpetrator, and the degree of stress or trauma a witness experienced while seeing the perpetrator” and “System variables: are those that the criminal justice system can and should control. They include all of the ways that law enforcement agencies retrieve and record witness memory, such as lineups, photo arrays, and other identification procedures”. Eyewitness misidentification has led to 75% of false convictions that were overruled by modern DNA testing according to “The Innocence

There are many different factors that play a part in the increased chance of a witness correctly identifying a suspect. Such factors should be brought to the attention of the jury and the judge to help in properly assessing whether a witness is correctly identifying a suspect. A study by Magnussen, Melinder, Stridbeck, & Raja (2010) found that of the three different types of people: judge, jury, and general public, that for the most part all where fairly ill-informed on the reliability of eyewitness testimony with judges having the most. Judges only had about an 8% difference in knowledge when compared to jurors. With this information it is very clear that education on the reliability of eyewitness testimony needs to become more of a general knowledge information for the everyone, especially people who are involved in upholding the law. Another factor to look into when evaluating the accuracy eyewitness testimony is the role that memory plays. Memory is divided into three processes: perceiving, remembering, and recalling information (Simmonsen, 2013). There is plenty of room in all three of those stages to forget or falsely remember something. Some factors that play a part when a person perceives an event is the amount of time they are exposed to the event and the suspect. A study conducted by Horry, Halford, Brewer, Milne, & Bull. (2014) found that witnesses were increasingly more likely to correctly identify a suspect if they had been exposed to the suspect for sixty

Eyewitness identification, for the most part, is considered reliable eyewitness identification by the courts as excellent evidence to proof crimes at trial. Yet, Bennett Barbour’s arrest revealed these inaccuracies as he was wrongly arrested due to an over-reliance on eyewitness identification. Barbour’s physique, specifically his

Previous research has provided evidence that there is a rather frequent occurrence of false identifications of innocent people in line-ups (Lindsay, Wells, Rumpel, & Campbell, 1981). Eyewitness memories are often distorted by inaccurate memories of how accurate their original identification was (Wells & Bradfield, 1998). Often the eyewitness will be unsure at the time of the line-up identification, but when recalling the identification process they often give a confident positive response (Wells & Bradfield, 1998). A confirming-feedback comment can have a pronounced effect on the reconstructing of the witnessing and identification process. The comment may not only inflate recollections but also have an impact on the eyewitness confidence (Wells

Lineup identifications can yield biases through the lineup administrator’s insight and biased instructions which influences an eyewitness’ decision. An administrator’s knowledge refers to their awareness of the suspect's identity during the line-up identification process (Quas, 2017). The advance knowledge can potentially influence the eyewitness to choose a suspect from the lineup even if they are absent. Lindsay et al. (1997) reveal that witnesses tend to identify a lineup member that closely resembles the suspect from their memory. If the eyewitness is aware of the administrator’s advanced knowledge, they can be pressured to identify a suspect. For example, the eyewitness may be inclined to choose a member from the lineup because they

The impact of eyewitness testimony upon the members of a jury has been the subject of various research projects and has guided the policies formed by the federal government regarding its competent use in criminal matters (Wells, Malpass, Lindsay, Fisher, Turtle, & Fulero, 2000). Therefore, eyewitness studies are important to understand how

There are a number of factors can reduce the accuracy of eyewitness identifications for example; extreme witness stress at the crime scene or during the identification process, presence of weapons at the crime; because they can

There has been considerable interest and study in the accuracy or inaccuracy of the use of eyewitness testimonies in the current criminal justice system. Results collated by several studies add to the bulk of literature suggesting that the current usage of eyewitness testimony by the legal system is far from ideal. Currently, high emphasis is being placed on reviewing and reconsidering eyewitness accounts (Leinfelt, 2004). In particular, recent DNA exoneration cases have substantiated the warnings of eyewitness identification researchers by showing that mistaken eyewitness identification was the largest single factor contributing to the conviction of innocent people (Wells & Olson, 2003). In this essay, the use of eyewitness testimony in the criminal justice system will be explored, with a particular focus on the impreciseness of this practice.

In Canada, the leading cause of wrongful conviction is due to the factor of eyewitness account. It has been proven that individual’s minds are not like tape recorders because everyone cannot precisely and accurately remember the description of what another person or object looks like. The courts looks at eyewitness accounts as a great factor to nab perpetrators because they believe that the witness should know what they are taking about and seen what occurred on the crime scene. On the other hand, eyewitness accounts lead to a 70 percent chance of wrongful conviction, where witnesses would substantially change their description of a perpetrator.

However eyewitness misidentification leads to more wrongful convictions than any other evidence being that it plays a role in 70 percent of cases overturned through DNA testing (Grimsley, 2013). There are multiple factors as to why eyewitness identification is often inaccurate, one reason being that it relies heavily on memory which involves three processes: encoding, storage and retrieval, all of which are susceptible to errors (Costanzo and Krauss, 2014). There are other factors that can affect one's memory such as unconscious transference (e.g. when you unintentionally replace someone's face with what one you may have seen on television, etc.), suggestive or leading comments (i.e. administrators providing cues to eyewitness about which person to pick at a lineup), cross-race effect (cross-race bias) (i.e. we often misidentify others of a different race than our own race), and so forth (Costanzo and Krauss, 2014). Despite that eyewitness identification is often inaccurate, it is still commonly used within the criminal justice system. This has affected mostly Africans-Americans negatively being that they most often fall victim to eyewitness misidentification. This is shown in a study done by Scheck, Neufeld, and Dwyer (2000) where they studied eyewitness

The reliability if an eyewitness testimony is questionable. The witness may be so certain that the person that thy are pointing out is one hundred per cent the suspect or they could be so certain when it comes to retelling the incident, although these people are so sure on what it is they are doing, their testimony cannot always accurate. Due to the lack of accuracy with eyewitness

According to the article “Expert testimony: Does eyewitness memory research have probative value for the courts?”, “…eyewitness identifications are the single most common cause of wrongful convictions” even though compared to actual confessions, “eyewitness testimony has been described as the most incriminating evidence that can be introduced against the accused” (Yarmey, 2001). While even though eyewitness testimony can lead to false accusations, it is still considered to be a necessary source of evidence in a crime case. A statistic provided by Christine Mumma, Dwayne Allen Dail’s lawyer, supports the liability of eyewitness testimony, stating that “Misidentification is the leading factor in wrongful conviction across the country…it’s present in 75 percent of wrongful convictions” (Mumma, 2009). Inaccurate eyewitness testimonies are not just simple memory slips of the brain, as they can unfairly affect the lives of innocent

Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.

Despite the efforts of the courts and law enforcement agencies to improve the handling of eyewitness testimony, misidentifications continue to be a major contributing factor to false convictions. The Innocence Project is a national litigation and public policy organization that has been dedicated to exonerating wrongfully convicted people through DNA testing. Since their inception in 1992, they have helped overturn 311 wrongful convictions in the United States, as of the date of this paper. Of those 311 cases, they have determined that misidentification has contributed to approximately 73% of those wrongful convictions ("The Innocence Project"). That is an extremely high percentage, and something needs to be done about this.